Contempt of Court – Non-compliance with Court Orders – The petitioners were denied marks for their National Trade Certificates despite a clear High Court order directing the Andhra Pradesh State Road Transport Corporation (APSRTC) to consider these certificates for recruitment as Shramiks – Held: APSRTC's failure to comply with the Court’s order constituted contempt &nd...
Lease Renewal – Applicability of 1995 Rules – Rule 12 of Assignment of Land within Municipal and Corporation Areas Rules, 1995 - The respondent Tennis Club challenged the demand for arrears of lease rent under the 1995 Rules after failing to renew the lease within the stipulated time. The Court held that the Club, being a lessee under expired leases, was bound by the 1995 Rules, which ...
Absence of Prayer for Cancellation of Sale Deed – Not Fatal to Plaintiff’s Case – The defendant argued that the plaintiff’s failure to seek cancellation of the sale deed under Section 31 of the Specific Relief Act was fatal to the case – The Court held that the plaintiff’s prayer for declaration that the sale deed was executed as security was sufficient, and no ...
Panchayat Elections – Casual Vacancy – Rule 46 of the Odisha Panchayat Samiti Election Rules, 1991 – Process of Election Quashed - The petitioners, who held positions in the respective Panchayat Samitis, challenged the notification issued by the State Election Commission to fill the casual vacancies of Chairman without conducting elections for the corresponding vacant Samiti memb...
Income Tax – Anonymous Donations – Section 115BBC – Applicability to Charitable and Religious Trusts – Appeals Dismissed – The appellant contended that the anonymous donations received by the Shree Sai Baba Sansthan Trust were taxable under Section 115BBC(1) since the trust was registered under Section 80G as a charitable institution – The Court held that the tr...
Probate Petition – Will dated 28.12.1968 – The petitioners sought probate of the Will executed by Late V. Subramania Mudaliar, leaving the suit property to his daughter Saroja @ Pattammal, disinheriting his sons – The Will was challenged on the grounds of forgery and lack of due execution – The Court upheld the validity of the Will, noting that the legal heirs were aware of...
Employment Law - Appointment Process – Provisional vs. Final Merit List – The petitioner, who was ranked first in the provisional merit list for the post of ANM, challenged the appointment of the respondent, who was ranked first in the final merit list after re-scrutiny – Held: Mere empanelment in a provisional list does not confer an indefeasible right to appointment. The final ...
Illegal Appointment – Claim for Salary – Appointment Against Non-Existent Post – The appellant was appointed as a stipendary teacher, but the post she was appointed to had already been filled – Held: The appointment of the appellant was against a non-existent post, rendering her appointment illegal, and thus, she is not entitled to claim any salary for the period of her ser...
Jurisdiction of Permanent Lok Adalat – Public Utility Services – Passport Issuance Not Within Ambit – Petition Allowed – The petitioners challenged the orders of the Permanent Lok Adalat (Public Utility Services) directing the issuance of passports and imposing penalties for delays – The Court held that issuance of passports is a sovereign function governed by the Pas...
Election Law - No Confidence Motion – Compliance with Section 54(2)(c) of Odisha Municipality Act – Petition Dismissed - The petitioners challenged the validity of a notice issued by the Collector calling for a vote of no confidence against the Chairperson of Purusottampur N.A.C., arguing that the notice was not accompanied by the requisition and resolution as mandated by Section 54(2)...